It is clear from reviewing many of the Federal Disability Retirement applications which have been denied, either at the initial application stage of the process or at the Second, Reconsideration Stage of the process, that the failure to apply a systematic approach in preparing, formulating and filing the Federal Disability Retirement application was entirely lacking.
The lack of systematically compiling and formulating the evidence to meet the legal standard of “preponderance of the evidence” in a Federal Disability Retirement application under FERS or CSRS can be fatal to one’s efforts. For, ultimately, it is the nature of the presentation and how it is compiled, delineated and orchestrated which provides for the effective implementation of such an endeavor.
Take the following example: a “flail” is a farm instrument used for threshing, and in the hands of an experienced user of such equipment, it was an effective tool and implement which systematically cleared a field when in the hands of one who had the experience, knowledge and practical application of such a tool. Used in modern linguistic terms, the concept, “He was flailing his arms” has come to mean that a person is waving and thrashing about in a manner which lacks harmony, elegance or purposeful end — in a wild and wasteful effort of energy.
The deliberative approach in preparing and formulating any endeavor in life is an encompassing use of a particular tool in a proper manner, for the purpose for which it was created, to bring about an end for which it was designed, and to preserve the energy necessary to bring about the end in mind.
Preparing, formulating a filing a Federal Disability Retirement application under FERS or CSRS is to use the flail properly, and not to flail about.
Sincerely,
Robert R. McGill, Esquire
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